A packager is supplying a German customer who requested that a checkweigher ensures that the percentage between TU1 and TU2 does not exceed 2%. In the Netherlands, we use 2.5%. Where does the difference come from, and which is decisive? The short answer: due to the free movement of goods in Europe, packagers filling in the Netherlands can adhere to 2.5%, even if Germany uses 2%.

It concerns the interpretation of this requirement in 76/211/EEC, Annex 1.3 (freely translated): the number of units in a batch of e-prepackaged goods with a product quantity between the TU1 limit and TU2 limit should be small enough for that batch to pass the legal inspection sample.

When the regulations were established, checkweighers did not exist, and almost all packagers used a sampling system. This system had to be robust enough to detect batches that did not comply. The risk of erroneously approving a faulty batch plays a role here. This was and continues to be assessed during the recognition of the e-marking system and all related aspects.

In almost all European countries, the interpretation was as follows: if the number of prepackaged units with a product quantity between the TU1 limit and TU2 limit in a batch is no more than 2.5%, then the risk of erroneously approving it is small enough. Some countries opted for 2%. Which side is correct is a matter for statisticians.

One of the purposes of the e-marking was to regulate free trade between Member States at a time when free trade did not yet exist. This was achieved through the recognition of the packager and inspection at their premises by the Member State where the packager is established. Consequently, inspection in the destination Member State is no longer necessary.

In addition, legal judgments on free trade within the EU and treaties have stipulated that when a product is legally on the market in one Member State, it is also allowed on the market in another Member State. There are, of course, exceptions, but the difference between 2.5% and 2% has not yet been legally tested against this.

The above aligns well with requirements regarding product quantity in standards for, for example, food safety. These standards state that a certified company must comply with the legal requirements. With e-marking recognition, the packager can demonstrate compliance, including the 2.5% percentage used in the Netherlands, without additional requirements.